Questions tagged [united-kingdom]
For questions specific to the United Kingdom. Note that the UK does not have a common legal system across its jurisdictions - consider using [scotland] or [england-and-wales] or [northern-ireland].
2,020
questions
1
vote
0
answers
15
views
In crimes prosecuted by local authorities, do they take the place off the police or the CPS?
For example, illegal eviction may be prosecuted by local authorities. In this case, does that mean that they refer the cases after charging to the CPS rather than the relevant police forces? Or that ...
- 9,113
1
vote
1
answer
127
views
Do “motions” exist in the U.K.?
Or are they instead called “applications” in Britain? One hears of motions filed in court cases, perhaps primarily in the U.S. But do these exist in Britain, or in any other jurisdictions? Or are they ...
- 9,113
3
votes
1
answer
92
views
Can one person's genetic information be another persons personal information?
In the UK GDPR ‘personal data’ is defined as:
‘personal data’ means any information relating to an identified or identifiable natural person (‘data subject’); an identifiable natural person is one ...
- 5,880
0
votes
1
answer
103
views
What can I do to speed up a noise complaint?
Background
A few months ago I started to notice a a low-pitched, pulsating noise at night-time, like a car engine or electrical generator. I don't know if I've become more "attuned" to it or ...
- 103
3
votes
2
answers
179
views
What rules determine jurisdiction on the internet?
It is in the news that Clearview AI has won an appeal against the UK Information Commissioner's Office (ICO). The reasons for judgment are here: Clearview AI Inc v The Information Commissioner [2023] ...
- 5,880
-4
votes
1
answer
98
views
Can civil action be taken against private people for breaching, or impeding/obstructing, or chilling the exercise of one’s human rights?
Can civil action be taken against private people for breaching, or impeding/obstructing, or chilling the exercise of one’s human rights?
Alice assaulted Bob at a demonstration by grabbing his placards ...
- 9,113
6
votes
2
answers
3k
views
Do soldiers have a greater duty to women and children than to men in case of a shipwreck?
The Queen’s Bench Division apparently affirmed this idea in R v. Dudley and Stephens suchly:
To preserve one's life is generally speaking a duty, but it may be the
plainest and the highest duty to ...
- 9,113
20
votes
2
answers
6k
views
In the UK, can residents leave their gate open taking pavement space?
I walk my kids to school and pick them up, on my way, there is a house that -most of the time- keeps both of their gate doors open across the pavement perpendicular to their house, taking around 80% ...
- 395
0
votes
1
answer
75
views
Taking legal action against Lenovo
TLDR: After three repair attempts, Lenovo have been unable to repair my laptop back to the original standard.
I have a Lenovo laptop where I have purchased an extended warranty (Premium Care On-site ...
-3
votes
1
answer
79
views
Are high court rulings precedential?
What courts if any are bound by past rulings of the high court, whether civil or criminal?
- 9,113
0
votes
0
answers
55
views
Would using a parasite be Assault with a Deadly Weapon?
What crime would be committed if an Offender inserted a parasite into a victim's ear? This would be involuntary and for malicious purposes. The outcome could range from short-term discomfort to severe ...
- 688
1
vote
2
answers
133
views
UPS UK terms of service gives them a blank check - legal?
UPS has terms and conditions (PDF) that include the following:
4. Customs Clearance
When a shipment requires customs clearance, it is the shipper’s
obligation to provide, or to ensure that the ...
- 147
1
vote
1
answer
160
views
Can harassment alarm or distress that arises simply by virtue of the content of the views expressed being found objectionable by another be offensive?
If:
a person expresses some of their views in the most unobjectionable way that they see possible,
that expression causes harassment, alarm, or distress in another, and
Some other person finds the ...
- 9,113
-4
votes
1
answer
124
views
Is police discretion subject to the Public Sector Equality Duty (PSED)?
Polly the police officer is charged with monitoring and policing a large demonstration which is evenly split between pro-X and anti-X factions. Or alternatively lets say it is dominated by ...
- 9,113
0
votes
1
answer
101
views
Are outward facing security cameras’ footage on the outside of ambassadorial missions subject to subject access rights?
Bob walks past the front entrance of the embassy of the republic of Zwakilostan which is somehow under diplomatic protocols Zwakilostani sovereign territory. The cameras point outside toward the road ...
- 9,113
0
votes
3
answers
180
views
Would or could it be a public order offence (racially/religiously aggravated or otherwise) to burn or mutilate a national flag or a holy scripture?
In the UK, Alice burns a Quran on a public pavement.
Bob tears up an Irish flag.
Do either of these commit public order offences?
- 9,113
0
votes
1
answer
155
views
Does the UK have non-driver license photo ID cards?
Alice doesn’t drive and doesn’t desire to obtain a passport, however she would like to have a photo ID with which to (for example) buy alcohol.
Can she obtain from DVLA (or any other body) an official ...
- 9,113
-4
votes
1
answer
78
views
Is the principle of making extra allowances for amateur litigants stronger in the UK?
Amateur litigants, also called pro se litigants or litigants in person perhaps among other terms, are decidedly supposed to be actively accommodated and assisted by the courts in the UK so as to “...
- 9,113
0
votes
2
answers
198
views
Can a property owner be prosecuted for an illegal demolition done before they bought the property?
Suppose that someone buys a property which previously had a small derelict house on it, which the previous owner tore down before listing the property for sale. The previous owner claims that the ...
0
votes
2
answers
97
views
Are tribunals fully adversarial?
In England there is a system of tribunals as well as various courts. Are they entirely adversarial as well as the courts are?
- 9,113
2
votes
1
answer
100
views
How corrupt does a contract need to be for a country to invalidate it?
It is in the news that there is a case in the UK High Court regarding a contract between Process & Industrial Developments (P&ID) and the Nigerian state. It involved gas extraction, but the ...
- 5,880
1
vote
0
answers
59
views
Can accomplices in the same crime have contact before trial/during jail time?
This is just pure curiosity. Under UK law can two people who are charged with the same crime (that they supposedly committed together) have contact with each other?
Fictional case: a woman and her ...
- 11
8
votes
0
answers
224
views
Is it legal for the police to take you away from home and abandon you without means of getting to safety?
It is reported that police arrested a man at his home in the middle of the night, drove him three miles away and "dearrested" him nine minutes later. He was left with no money, phone and ...
- 5,880
2
votes
1
answer
102
views
Crimes commited in foreign country with capital punishment
So the death penalty does not exist in the UK, and correct me if I'm wrong, but I beleive our laws also state that a person may not be extradited for prosecution if the conviction of the crime will ...
- 1,588
-1
votes
2
answers
86
views
What is the difference between a money order and a money judgment?
Presumably there is some distinction as it is made in the name of the so called register of orders fines and judgments. So what is the difference?
- 9,113
0
votes
0
answers
26
views
Pay Additional Dwelling Supplement if buying a new main residence?
This applies to purchasing a home in the UK:
If I were to buy a new house that will become my new permanent residence, but I don't sell my current home and instead intend to let it out, do I need to ...
- 147
2
votes
1
answer
133
views
In UK, how hard can you hold a builder to their quoted price?
I was hoping to have some building work done in England and got two quotes: I would have liked three or four, but it was quite enough work to get two. To my surprise, they different hugely: one was ...
- 175
0
votes
0
answers
138
views
Is it legal to do lots of imports £1 below the limit to not have to pay import duty?
Recently (since Brexit?) the UK tax law has been changed to require foreign online retailers like AliExpress to charge UK VAT @ 20% at the point of sale.
If an order is placed for > £135 then as ...
- 858
1
vote
3
answers
256
views
Legality of charging customer service for one’s time spent dealing with them
An acquaintance has a practice of charging companies’ customer service departments £50 per 30 minute increments of his time spent addressing issues with them on the phone. I don’t think he’s ever ...
- 9,113
1
vote
0
answers
74
views
Can a parking management company change the 'reason for issue' of a ticket
I moved into a block of flats and was given a parking token by the previous resident. The token has the date of the issue, the name of the block of flats, but no expiry date and no registration. The ...
- 1,221
0
votes
0
answers
25
views
UK cladding remediation
In the old format of the Leaseholder certificate,
Does landlord not being responsible for the defect, having net worth of >2MN, yet the maximum liability for relevant historical safety defects for ...
- 123
3
votes
1
answer
129
views
Accepting payment terms and conditions
I am in U.K. If I book a holiday/vacation and pay a deposit am I now bound by the payment/cancellation terms? (NB: There was no tick-box to say “by booking you accept our terms and conditions.” or ...
- 33
2
votes
0
answers
112
views
If one claims scientific justification for a belief do you lose protection for that belief under the Equalities Act?
This recent excellent answer discusses the Grainger test, and states:
(ii) It must be a belief and not an opinion or viewpoint based on the present state of information available.
Particularly, a ...
- 5,880
2
votes
3
answers
279
views
Double Jeopardy in the UK for crime committed abroad
This question is about Double Jeopardy in the United Kingdom, focusing on the England and Wales jurisdiction.
Pretend the defendant commits a sexual crime in Spain, where one of the following happens:
...
- 688
24
votes
4
answers
8k
views
Contractor does work on the wrong house
I saw a post online where someone (in the UK) is claiming they accidentally went to the wrong house to replace windows and the homeowner let them in, let them perform all the work, and then thanked ...
- 401
0
votes
1
answer
67
views
Dual criminality with an MLAT?
Pretend someone in England (United Kingdom) sends a message containing racist words to another person in the same jurisdiction. They are later reported to the police and arrested, I would assume under ...
- 688
2
votes
2
answers
120
views
Relation between transport security investigation and police investigation
The MAIB (the maritime transport safety investigation board of the UK) has recently published a safety bulletin about liferafts that weren't properly serviced by a service station.
The full report is ...
- 4,815
0
votes
1
answer
38
views
Two questions about UK's strict 6-month patent grace period rules for public disclosure at a trade show [closed]
Is Technology for Marketing @ Excel London 2023 a valid trade show for a UK pre-patent publication grace time? Also how to establish ownership?
In the UK, it's possible to get a grace period of 6 ...
- 13
1
vote
2
answers
117
views
Lodger not leaving property (UK)
I have a property that I rented out to two people in a joint and several manner in England.
One of the named tenants left and someone else took their place and paid half of the rent to my managing ...
5
votes
3
answers
532
views
In the UK, is it legal to call yourself Sir if you haven't been officially decorated as such?
As an example, imagine an ordinary Jonathan Reez residing in London. Would it be a civil or criminal offense for Jonathan to ask others to call them Sir Jonathan Reez, print business cards with that ...
- 4,296
0
votes
1
answer
203
views
Legal underpinning of prescribing placebo drugs in the UK
I recently discovered that 97% of doctors in the UK have prescribed placebos. The general context seems to be within the mental health space, but I can’t find any firm restriction to the type of ...
- 119
11
votes
4
answers
7k
views
Do jurors have an absolute right to acquit a defendant according to their conscience?
It is in the news that someone is being prosecuted for holding up a placard stating: “Jurors: you have an absolute right to acquit a defendant according to your conscience.” outside the
crown court ...
- 5,880
2
votes
1
answer
300
views
What are the most severe possible sentences faced by the three accused Russian spies?
Three Bulgarian National alleged Russian spies have been arrested and charged in the UK. What is their worst possible outcome on the other end of this?
- 9,113
4
votes
1
answer
118
views
Is prosecutorial discretion subject to the public sector equality duty?
The Equality Act 2010 creates a duty on public sector entities to have consideration for equality in all decisions they take. Does this bear on prosecutorial offices and their exercises of ...
- 9,113
0
votes
1
answer
97
views
Is there precedent for defamation/moral injury due to public ignorance in the UK?
Due to a separation, I've heard mention of my ex-partner thinking about an "Occupancy Order" which basically sets out who can live in a marital home.
These are, as it turns out, distinct ...
2
votes
2
answers
221
views
Legality of privately Bibby Stockholming to save land costs
It seems that the principal impetus of moving migrants onto barges like the Bibby Stockholm is to save the costs of renting property in which to accommodate the migrants on dry land.
Rental costs are ...
- 9,113
3
votes
2
answers
50
views
When does s3(1) of the Defamation Act *not* apply in malicious falesehood cases?
To successfully bring a claim for maliicous falsehood in the UK, one has to show that one has suffered "special damages", which are actual damages suffered as a direct consequence of a ...
- 133
3
votes
1
answer
131
views
"In person" in UK practice
If the record of a UK civil hearing identifies a party as being "in person", does that mean that the defendant was physically present or that the court had not been informed that the ...
2
votes
3
answers
248
views
Which law rules polygraphs inadmissible in UK?
Where does it say that polygraph tests (lie detector tests) are inadmissible under law in England and Wales?
I am mostly interested in their usage being disallowed for criminal (both Magistrates' ...
- 688
3
votes
1
answer
39
views
How do you find what regulations have been made pursuant to a particular enabling legislation in the U.K.?
How do you find what regulations or other statutory instruments have been made pursuant to a particular enabling legislation in the U.K.?
- 43.3k